2015-225ORDINANCE NO. 2015 -225
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERAGENCY
COOPERATION CONTRACT BY AND BETWEEN THE UNIVERSITY OF TEXAS AT
ARLINGTON AND THE CITY OF DENTON, TEXAS FOR A TERM OF THREE YEARS TO
PROVIDE LANDFILL SAMPLING AND TESTING OF MINED MATERIALS;
MONITORING GAS EMISSIONS DURING THE MINING PROCESS; MONITORING AND
CHARACTERIZING STORM WATER AND LEACHATE; EVALUATING AND
RECOMMENDING A DUST MANAGEMENT SYSTEM FOR MINING OPERATIONS;
INVESTIGATE THE MINED SAMPLES; INVESTIGATE THE ENERGY POTENTIAL OF
THE MINED MATERIALS; DEVELOP LANDFILL MINING PROTOCOL; MUNICIPAL
SOLID WASTE (MSW) SAMPLING AND EVALUATION; AND DETERMINE MOISTURE
CONTENT ANALYSIS DURING THE ONGOING ENHANCED LEACHATE
RECIRCULATION (ELR) OPERATIONS FOR THE CITY OF DENTON LANDFILL IN AN
AMOUNT NOT -TO- EXCEED $399,806; PROVIDING FOR RETROACTIVE APPROVAL,
CONFIRMATION AND RATIFICATION THEREOF; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVIDING AN
EFFECTIVE DATE (File 5892).
WHEREAS, the Interagency Cooperation Contract (the "Contract ") by and between the
City of Denton, Texas and The University of Texas at Arlington ( "UTA ") referenced herein, was
presented to, reviewed by and considered by the Public Utilities Board (the "PUB ") at its
regularly called meeting of July 13, 2015; and the PUB recommended approval of the Contract
by a vote of 6 to 0; and
WHEREAS, the City Council finds that the Contract will benefit the City of Denton,
Texas and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Interagency Cooperation Contract
by and between the City of Denton, Texas and The University of Texas at Arlington ( "UTA ")
providing for a three -year engagement to provide for services pertaining to the City of Denton
landfill, substantially in accordance with the Interagency Cooperation Contract which is attached
hereto and incorporated herein by reference (the "Contract ").
SECTION 2. The City Manager, or his designee, is authorized to execute the Contract
on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's
rights and duties under the Contract.
SECTION 3. The City Manager is hereby authorized to expend funds as required by the
Contract.
,SECTION 4. This Contract is hereby approved, confirmed and ratified retroactively, to
be effective as of June 10, 2015.
1
PASSED AND APPROVED this the day of ZZIZA 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APB" RO)VI'l) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� ' . . ... ..... . ��
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1-1)1�!11-111-
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CHRIS WATTS, MA OR
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
INTERAGENCY COOPERATION CONTRACT
Contract No
THIS CONTRACT is entered into by and between the State agencies shown below as Contracting Parties under
the authority granted and in compliance with the provisions of Chapter 771 of the Government Code.
I. CONTRACTING PARTIES:
The Receiving Agency The City of Denton_ —_
The Performing Agency The University of Texas at Arlington
II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency will undertake and carry out
services described in Attachment A. Scope of Services.
III. CONTRACT PAYMENT: The total amount of this contract shall not exceed $399,806 and shall conform
to the provisions of Attachment B, Budget. Payments shall be billed quarterly basis (every three months).
IV. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated
immediately with no liability to either party. This contract begins (May 01, 2015) when fully executed by both
parties and terminates April 30, 2018.
V. THE AGREEING PARTIES certify that:
1. The services specified above are necessary and essential for activities that are properly within the
statutory functions and programs of the affected agencies of State Government.
2. The proposed arrangements serve the interest of efficient and economical administration of the
State Government.
3. The services or resources agreed upon are not required by Article XVI, Section 21 of the
Constitution of Texas to be supplied under contract given to the lowest responsible bidder.
VI. LEGAL AUTHORITY:
The Receiving Agency further certifies that it has the authority to request the above services by authority
granted in Govern nienmt,g de, Section 771,003 _ ........... m
The Performing Agency further certifies that it has the authority to perform the services by authority granted
_
in Texas Education Code. Sections 65 and 68 and Government Code Chapter 771
_ �
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, and
Attachment C, General Terms and Conditions.
THE UNDERSIGNED PARTIES bind themselves to the faithful performance of this contract.
THE RECEIVING AGENCY
_
City of Denton
ICY
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-WU'1-H6RizEb SIGNATURE
TYPED OR PRIN D NAME AND TITLE✓LL
r_a_- _........
i5AT APPROVED . __ AS TO FORM:
CITY ATTORNEY
CITY NT 6 IF; A
I Page % �' 1 /�
THE PERFORMING AGENCY
y at Arlingto
The University of Texas n
NAME OF AGENCY
_BY; V ..
AUnI IZE�SIGNATURE
—.
_
Kelly Davis
Vice President _
..... TYPED OR .w .... .,_� - - -
R PRINTED NAME AND TITLE
DATE:
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Contract No
ATTACHMENT A
Interagency Cooperation Contract
Scope of Services
The scope of services outlines specific and general tasks in which the University of Texas at Arlington
(UTA) may perform for the City of Denton (COD). The technical tasks under the contract are outlined
here:
Task A. During Landfill Mining Operation
Task Al Monitoring and Characterizing Mined Samples
Task A2 Monitoring Gas Emission and its Impact of Waste Workers during Mining Operation
Task A3 Monitoring and Characterizing Storm Water and Leachate
Task A4 Monitoring and Controlling Dust
Task B. Investigating Mined Samples
Task B 1 Studying the Market and Life Cycle Analyses of Mined Products
Task B2 Investigating the Energy Potential of Degraded Mined Products
Task B3 Developing Protocol for Future Landfill Mining Operation
Task Cm'. Sample C11 lrilctel- isties and Moijitoring Mpistyre Content dit In g E1,R O teration
Task C1 Sampling and Determining Physical Characteristics of Municipal Solid Waste (MSW)
from Working Phase
Task C2 Monitoring Moisture content of Solid Waste due to ELR Operation
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Contract No
Task A. During Landfill Mining Operation
Task Al Monitoring and Characterizing Mined Samples
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Monitor landfill mining operation and collect mined samples for laboratory testing. Sample
frequency will be determined based on the discussion with COD personnel. However, TCEQ's
landfill mining guideline recommends collecting sample at each 5000 cubic yards. Both physical
and chemical tests will be conducted on the collected samples.
2. Records daily mined volume, and calculate associated space gain from the mining operation.
3. Investigate and monitor the optimum waste slope during the mining, and determine optimum
length and width of waste section for mining operation.
4. Monitor and plan for management of special waste.
g „mmm � _ Workers during Minnigm4m Aeration
Task A2 Monitoring Gas l n�za,and its 1� ?: of Waste
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Monitor a wide variety of potentially toxic and odorous compounds during the mining operation.
Sampling will be done using field equipment on a daily basis in the beginning. However, the
sampling schedule may change after the initial period based on the discussion with COD
Personnel.
2. Investigate remedial measures to mitigate the effects of these gases on worker's health and
continue mining operation, if potential toxic elements are more than allowable level.
3. Monitor worker exposure to inhalable particulates using cascade impactors mounted on the
worker's collar near his /her breathing space. Based on measurement results, any necessary
mitigating measures, including worker personal protective equipment, will be recommended.
Dispersion modeling will be conducted to determine potential impacts on the surrounding
community.
Task A3 Monitoring and Characterizing; Storm Water and Leachate
Specific tasks associated within this task are provided here:
The UTA Team will:
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Contract No
1) Monitor leachate and storm water runoff during the mining operation. Potential storm water
quality will be tested by collecting the runoff from the mining test cells, and identifying and
quantifying contaminants using a liquid chromatograph coupled with a mass spectrometer.
Sampling will be done using field equipment on a daily basis in the beginning. However, the
sampling schedule may change after the initial period based on the discussion with COD
Personnel.
2) Conduct laboratory test to determine the leachate and storm water run off characteristics.
3) Based on measurement results, any needed mitigating measures, such as capture and treatment of
storm water runoff, will be recommended.
Task A4, Monitoring and Controlling Dust
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Monitor dust during the landfill mining operation in the working face, and few other locations
around the working face to monitor its radius of influence.
2. Investigate and recommend effective dust control system and check the efficiency of the dust
control system. Based on the previous landfill mining projects, dust is a major concern during
summer time and hot weather condition, and UTA team will work on different system for dust
control and propose the most effective dust control system during mining for all weather
condition.
3. Keep record of the dust control system and their effectiveness on regular basis. Investigate
remedial measures to mitigate the effects of dust on worker's health and continue mining
operation.
Task B. Investigating Mined Samples
During landfill mining operation, in some cases more than 50% of material recovered is fine matter. As
both landfill mining and temporary landfilling operation are conducted at the same facility as part of the
sustainable material management, the recovered fine fraction can be utilized as daily cover soils.
Therefore, landfill operators do not need to excavate nearby soil for daily cover. This is beneficial for
both the landfill operators and the environment.
Task B 1 Studying the Market and Life Cycle Analyses of Mined Products
Specific tasks associated within this task are provided here:
The UTA Team will:
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Monitor landfill mining operation and collect mined samples for laboratory testing. Both fine
grained or soil like material and coarse grained samples will be collected from top of trammel
screen and bottom of trammel screen.
2. Conduct extensive laboratory testing for soil or soil like materials to determine its suitability for
other landfill operation, such as daily cover for ongoing landfilling operation or using them for
temporary pavement or berm construction.
3. Determine percentages of recovered plastics, glass, metal and other recovered materials, and
investigate the reuse potential of these waste particles.
4. Conduct life cycle analyses of these waste components and determine energy saving potential of
reusing these particles from landfill mining instead of using virgin materials. Also, investigate the
greenhouse gas emission reduction potential of reusing mined waste particles.
5. Assess the cost and benefit that accounts broad environmental and social aspects of mining
including the revenue from recovered recyclables, savings from new land purchase and
transportation with associated cost savings in energy, GHGs emissions, and road maintenance,
and impacts on surrounding property value, and job creation, etc. Based on the discussion with
the COD personnel, the focus group interview and surveys may be taken to evaluate the impacts
of the landfill mining in communities through qualitative measures.
Task B �t�v�.sti rati��g ilk F nc (?!P nt4t- r�1 Deg gcled Miji, d Products
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Investigate the potential for soil like materials (mixed with degraded organic and paper products)
to be utilized for making brick pallets for burning them as fuel. During landfill mining operation,
in some cases more than 50% of material recovered is fine matter, and they are always mixed
with other organic and degraded products. In Europe, many countries are converting these soils
like materials as energy pallets, and utilizing them heating purpose during winter.
2. Determine the remaining energy potential of these pallets, and if suitable as energy pallet,
investigate the market potential of this product.
3. Conduct life cycle analyses of these pallets and determine energy saving potential of reusing
these particles from landfill mining instead of using virgin materials. Also, investigate the
greenhouse gas emission reduction potential of reusing mined waste particles.
Task B3 l cveI pITtw a j ,s otoc l tw ,t� �o e 1 lac [ l l li �i�g. per t o
Specific tasks associated within this task are provided here:
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Contract No
The UTA Team will:
1. Develop protocols for landfill mining operation, tailored to development status, geographic
location, market for recovered materials, and availability of mining equipment. The mining
protocol will include a safety protocol on potential health hazard consideration during mining on
the solid workers and potentially affected community members.
2. Develop a contingency plan to guide workers and community members in case of emergency.
Task C. sailr le Characteristies arld M0_1'1i t0r°i11 . MOistrlr -e Con(ent: during El R Q wration
Based on the revised permit modification on ELR operation, dated Feb 2013, the sampling and
characterizing solid waste samples from working face should be done on quarterly basis. Also, the
moisture content and moisture monitoring during the ELR operation should be done on semi - annual
basis. The following tasks are proposed for the ELR operation:
Task C1 Sanipline and Determining Ph sisal Characteristies of Municipal Solid Waste MSW
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Visit the landfill site and collect representative fresh MSW samples from the working face as
well as compacted MSW samples from a specific landfill location. UTA will co- ordinate and
work with the COD staff members during the sample collection. UTA will collect minimum 10
samples from the working face. The samples will be collected on quarterly basis. However, the
number of compacted samples will be decided during the investigation and will be collected on
annual basis. It is expected that COD staff members will help UTA during the sample collection
from working face. It is also expected that COD staff will have drilling crew to drill compacted
sample from a specific location as specified by TCEQ.
2. UTA will conduct laboratory investigations to determine moisture content and physical
characteristics of solid waste. The experimental program is presented in Table 1.
3. Provide six monthly report on the laboratory investigations of MSW characteristics,
4. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
5. Attend technical meetings with consultants, or any other parties, as required or requested by the
City personnel.
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Table 1 Experimental Program/Year
Test Method
Material
Sampling Frequency
No. of Tests
ITIT _
mmmmmPhysical
_
Fresh and Compacted
Fresh MSW from working face
lx 1 0 =10
Composition
MSW
will be collected on quarterly
Organic Content
Fresh esh and Compacted
basis and compacted waste will
1 x 10 = 10
MSW
be collected on annual basis.
Unit weight
Fresh and Compacted
Moisture content will be
1 x 10 = 10
MSW
determined on every three
Moisture
Fresh and Compacted
months, i.e. (4 times a year).
4 x 10 = 40
Content
MSW
However, other tests will be
done on an annual basis.
Task C2 MonitorinLy Moisture Content within the Landfill Solid Waste
Specific tasks associated within this task are provided here:
The UTA will:
1. Conduct extensive site investigations, including, the geophysical study of existing subsurface
conditions using High Resolution Resistivity (HRR) equipment. These investigations will be
conducted to characterize the subsurface moisture profile within and immediately surrounding
the leachate recirculation pipe line or areas of interests. Resistivity Imaging should be done on
quarterly basis (four times a year).
2. Conduct 2D and 3D resistivity imaging for the assessment of leachate recirculation system
performance. The number of 2 -D lines and 3 -D profile will be determined during the
investigation. The frequency of the resistivity imaging will be decided in consultation with the
COD staff members. UTA will co- ordinate with the COD staff members during the investigation
so that there will be no interruption of the ongoing landfill operations. Geophysical methods that
the UTA shall use have the potential to provide an "image" of the subsurface. The UTA will use
a multi - channel, multi- electrode automatic sequencing data acquisition system.
3. Process resistivity data using 2D Earth Imager and 3D Earth Imager computer software. The
data will produce a 2D and 3D resistivity model of the subsurface moisture profile within the
solid waste areas. The models will be displayed as color -coded profiles. The color -coded profiles
will be processed and interpreted, with a final report.
4. Develop interpretations of the geophysical data collected to identify the subsurface and the
following areas of need:
Contract No
O Moisture profile within the leachate recirculation areas or within areas of concern.
O Time lapse monitoring of moisture variation within the landfill cell areas and the
effect of leachate recirculation on the solid waste.
O Efficiency of the leachate recirculation systems.
5. Provide final report on the geophysical investigations conducted and interpretation results.
6. Attend technical meetings with consultants, or any other parties, as required or requested by the
COD personnel.
The City of Denton will:
1. Provide landfill mining equipment and personnel to support the collection of mined samples and
provide adequate space for the conduct of waste characterization and other associated field
support and laboratory service functions.
2. Provide adequate space in the mining and in the processing areas for UTA and Solid Waste
Institute for Sustainability (SWIS) personnel to conduct those functions necessary for the
completion of this scope of work.
3. Provide the use of Building 106, 1527 South Mayhill Road, Denton, Texas 76208 for UTA and
SWIS personnel.
4. Provide the use of at least 3,800 square feet of office building and warehouse space in Building
101, 1001 South Mayhill Road for the use of UTA and SWIS personnel.
Summary of Reports and Presentation of Results:
During the project period, UTA will provide the following reports:
Annual reports will be provided for all the tasks.
2. Final report summarizing the major findings will be provided end of the project period. The
final report will compile all the information disseminating from each task of the proposed work.
3. Work manual will be developed and standardized for each tasks.
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ATTACHMENT B
Interagency Cooperation Contract
Estimated Budget
Proposed Budget
Contract No
This is a fixed price project with a total requested budget per year is presented here:
Year 1: $ 132,177/=
Year 2: $ 133,815/=
Year 3: $ 133,815/=
The requested budget will cover salary costs of project personnel (Principal Investigator, Graduate,
and Undergraduate Students), material costs, and travel costs (trips to landfill sites for sample and
data collections, and presentation of findings). Table 2 shows all budget items (as per UTA
guidelines) and the corresponding allocations.
Table 2— Budget
......
Year 1
Year 2
Year 3
Total
Salary (PI + Graduate Students)
78200
79200
79200
236,600
—42,540
Fringe Benefits
13980
14
280
_ _ 14280 _.
M &O -- Materials
500
500
500
1..__
Sub - Contracts
0
Scholarships /Stipends
0
Tuition
9100
9100
9100
27,300
w
Participant Support
0
Travel (Domestic)
5000
5000
�
5000
15,000
Travel (Foreign)
0
Participant Travel
0
Equipment
�
0
TDC
106780
108.080
108080
322,940
MTDC
97680_
98980
98980
_ 295,640
TFAC
25397
25735
25735
76,866
ITC
132177
133815
133815
399,806
Protect Duration
The expected time to complete the project is 3 (Three) years.
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ATTACHMENT C
Interagency Cooperation Contract
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties prior to
the expiration of the contract.
Article 2. Disputes
To the extent authorized under the Constitution and laws of the State of Texas, the
Performing Agency shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements entered in support of contract services.
The Receiving Agency shall be responsible for the settlement of any dispute concerning
this contract unless the dispute involves a subcontract.
Article 3. Records and Ownership
A. The Performing Agency agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs at its office during the contract period
and for four years from the date of final payment under the contract. These materials
shall be made available for inspection and copying by the Receiving Agency, by the
State Auditor's Office, and by their authorized representatives. If the contract is
federally funded, these materials shall also be made available for inspection and
copying by the U.S. Department of Transportation and by the Office of the Inspector
General.
B. After completion or termination of this contract, all documents prepared by the
Performing Agency or furnished to the Performing Agency by the Receiving Agency
shall be delivered to and become the property of the Receiving Agency. All sketches,
photographs, calculations, and other data prepared under this contract shall be made
available, on request, to the Receiving Agency without restriction or limitation of further
use.
C. Subject to the Receiving Agency's license below, the Performing Agency retains all its
intellectual property rights, including its copyright rights, in works, and shall own all title
to, all interests in, all rights to, and all intellectual property (including copyrights, trade
and service marks, trade secrets, and patentable devices or methods) developed as
work product under this contract. Any intellectual property already owned by a party
prior to any work associated with this contract, or developed independently of this
contract or services performed under this contract, as modified, shall remain the
respective property of the party from which it originates. Notwithstanding the foregoing,
Receiving Agency shall have a right and non - exclusive license to use Performing
Agency's work product pursuant to this contract under which services are performed for
all purposes listed in this contract and for Receiving Agency, public health, and state
governmental noncommercial purposes, including internal educational purposes.
D. Except to the extent that a specific provision of this contract states to the contrary, all
equipment purchased by the Performing Agency or its subcontractors under this
contract shall be owned by the Receiving Agency and will be delivered to the Receiving
Agency at the time the contract is completed or terminated.
Contract No
Article 4. Subcontracts
A subcontract may not be executed by the Performing Agency without prior written
authorization by the Receiving Agency. Subcontracts in excess of $25,000 shall contain
all applicable terms and conditions of this contract. No subcontract will relieve the
Performing Agency of its responsibility under this contract.
Article 5. Termination
This contract may be terminated by satisfactory completion of all services and obligations
contained in this contract, by mutual written agreement, or by either party unilaterally after
30 days' written notice to the other party. The Receiving Agency shall compensate the
Performing Agency only for those eligible expenses that are incurred during this contract
and that are directly attributable to the completed portion of the work covered by this
contract and only if the work has been completed in a manner satisfactory and acceptable
to the Receiving Agency. The Performing Agency shall neither incur nor be reimbursed for
any new obligations after the effective date of termination. Notwithstanding the foregoing,
Receiving Agency shall compensate Performing Agency for all reasonable expenses
incurred or committed to be expended as of the effective termination date, including
salaries for appointees for the remainder of their appointment.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with
the Receiving Agency under this contract may not make any offer of benefits, gifts, or
favors to employees of the Receiving Agency. The only exceptions allowed are ordinary
business lunches and items that have received the advanced written approval of the
Executive Director of the Texas Department of Transportation.
Article 7. No Assignment
Neither party shall assign, sublet, or transfer any interest in this agreement.
Article 8. Reference to Costs Principles and Circulars
Reimbursement with state or federal funds will be limited to costs determined to be
reasonable and allowable under cost principles establish in OMB Circular A -21, "Cost
Principles for Educational Institutions," or OMB Circular A -87, "Cost Principles for State
and Local Governments." The parties shall comply with the requirements of the Single
Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage
stipulated in OMB Circular A -133.
Article 9. Performing Agency Resources
All employees of the Performing Agency shall have adequate knowledge and experience
to enable them to perform the duties assigned to them. The Performing Agency certifies
that it currently has adequate qualified personnel in its employment to perform the work
required under this contract or will be able to obtain adequate qualified personnel from
sources other than the Receiving Agency. On receipt of written notice from the Receiving
Agency detailing supporting factors and evidence, the Performing Agency shall remove
from the project any employee of the Performing Agency who is incompetent or whose
conduct becomes detrimental to the work. Unless otherwise specified, the Performing
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Agency shall furnish all equipment, materials, supplies, and other resources required to
perform the work.
Article 10. Equal Employment Opportunity
The Performing Agency agrees to comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 and as supplemented
by Department of Labor regulations, 41 CFR Part 60. -I lie Performing Agency agrees to
consider minority universities for subcontracts when the opportunity exists, The
Performing Agency warrants that it has developed and has on file appropriate affirmative
action programs as required by applicable rules and regulations of the Secretary of Labor.
Article 11. Nondiscrimination
A. The Performing Agency shall comply with the regulations of the U.S. Department of
Transportation relating to nondiscrimination in federally- assisted programs, including 49
CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60 -74 (the Regulations).
B. The Performing Agency, with regard to the work performed during this agreement, shall
not discriminate on the basis of race, color, sex, national origin, age, religion, or
disability in the selection and retention of subcontractors, including procurements of
materials and leases of equipment.
C. In all solicitations either by competitive bidding or negotiation made by the Performing
Agency for work to be performed under a subcontract, including procurements of
materials and leases of equipment, but not including routine purchase orders, each
potential subcontractor or supplier shall be notified by the Performing Agency of the
Performing Agency's obligations under this agreement and the Regulations.
D. The Performing Agency shall provide all information and reports required by the
Regulations and directives issued under the Regulations and shall permit access to its
books, records, accounts, other sources of information, and facilities as may be
determined by the Texas Department of Transportation or the U.S. Department of
Transportation to be pertinent to ascertain compliance with the Regulations or
directives. If any information required of the Performing Agency is in the exclusive
possession of another who fails or refuses to furnish this information, the Performing
Agency shall so certify to the Texas Department of Transportation or the U.S.
Department of Transportation, whichever is appropriate, and shall set forth what efforts
the Performing Agency has made to obtain the requested information.
E. In the event of the Performing Agency's noncompliance with the nondiscrimination
provision of this agreement, the Texas Department of Transportation shall impose such
sanctions as it or the U.S. Department of Transportation may determine to be
appropriate.
F. The Performing Agency shall include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, except
routine purchase orders, unless exempt by the Regulations or directives. The
Performing Agency shall take such lawful action with respect to any subcontract or
procurement as the Texas Department of Transportation may direct as a means of
enforcing these provisions, including sanctions for noncompliance. In the event the
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Contract No
Performing Agency becomes involved in or is threatened with litigation with a
subcontractor or supplier as a result of directions given by the Receiving Agency, the
Performing Agency may request the Texas Department of Transportation to enter into
the litigation to protect the interests of the State, In addition, the Performing Agency
may request the United States to enter into litigation to protect the interests of the
United States.
Article 12. Basis for Calculating Reimbursement Costs
The Receiving Agency will reimburse the Performing Agency for actual costs incurred in
carrying out the services authorized in Attachment A, Scope of Services, subject to the
cost categories and esti,rnated costs set forth in Attachment B, Budget. The Receiving
Agency shall compensate the Performing Agency for only those eligible expenses incurred
during this contract that are directly attributable to the completed portion of the work
covered by this contract, provided that the work has been completed in a manner
satisfactory and acceptable to the Receiving Agency. The Performing Agency shall not
incur or be reimbursed for any new obligations after the effective date of termination. The
Performing Agency shall bill the Receiving Agency for actual travel expenses, not to
exceed the limits reimbursable under state law. Out -of -state or out -of- country travel by the
Performing Agency requires prior approval by the Receiving Agency.
Article 13. Funding
The Receiving Agency shall pay for services received from appropriation items or accounts
of the Receiving Agency from which like expenditures would normally be paid. Payments
received by the Performing Agency shall be credited to the current appropriation items or
accounts from which expenditures of that character were originally made. If for any reason
subcontractors and suppliers, if any, are not paid before the Receiving Agency reimburses
the Performing Agency for their services, the Performing Agency shall pay the
subcontractors and suppliers all undisputed amounts due for work no more than 10 days
after the Performing Agency receives payment for the work unless a different time is
specified by law. This requirement also applies to all lower - -tier subcontractors and
suppliers and must be incorporated in all subcontracts. If the Performing Agency fails to
comply with this Article, the Receiving Agency may withhold payments and suspend work
until the subcontractors and suppliers are paid. The Performing Agency is authorized to
submit requests for reimbursement no more frequently than monthly and no later than
ninety (90) days after costs are incurred.
Article 14. Conflict of Interest
The Performing Agency shall not assign an employee to a project if the employee:
1. owns an interest in or is an officer or employee of a business entity that has or may
have a contract with the state relating to the project;
2. has a direct or indirect financial interest in the outcome of the project;
3. has performed services regarding the subject matter of the project for an entity that has
a direct or indirect financial interest in the outcome of the project or that has or may
have a contract with the Receiving Agency; or
4. is a current part -time or full -time employee of the Receiving Agency.
Article 15. Additional Work
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A. If the Performing Agency is of the opinion that any assigned work is beyond the scope
of this contract and constitutes additional work, it shall promptly notify the Receiving
Agency in writing. The written notice shall present the relevant facts and show how the
work constitutes additional work.
B. If the Receiving Agency in its sole discretion finds that the work does constitute
additional work, the Receiving Agency shall so advise the Performing Agency and a
written amendment will be executed. The Performing Agency shall not perform any
proposed additional work or incur'any additional costs before the execution of an
amendment.
C. The Receiving Agency shall not be responsible for actions by the Performing Agency or
for any costs incurred by the Performing Agency relating to additional work that is
performed before an amendment is executed or that is outside the scope of the
contract, as amended.
Article 16. Nonconforming Work
If the Performing Agency submits work that does not comply with the terms of this contract,
the Receiving Agency shall instruct the Performing Agency to make any revisions that are
necessary to bring the work into compliance with the contract. Performing Agency at its
discretion may agree to any Receiving Agency requested change, and if Performing
Agency agrees to provide changed Services, Receiving Agency agrees to reimburse
Performing Agency for such changed or additional work in such amounts as may be
agreed by Performing Agency, consistent with customary practice and Performing Agency
policy. Notwithstanding this Article or anything else in this contract or in these General
Terms and Conditions, Performing Agency does not guarantee specific results.
Article 17. Notice to Proceed
If Attachment A requires a notice to proceed, the Performing Agency shall not proceed with
any work or incur any costs until the Receiving Agency issues a written notice to the
Performing Agency authorizing work to begin. Any costs incurred by the Performing
Agency before receiving the notice are not eligible for reimbursement.
Article 18. Authority of State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds.
Article 19. Compliance with Laws
The parties shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules, and regulations and with the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
agreement. After receiving a written request from the Receiving Agency, the Performing
Agency shall furnish the Receiving Agency with satisfactory proof of its compliance with
this Article.
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